Free Reply to Response to Motion - District Court of Connecticut - Connecticut

Case 3:00-cv-00835-CFD

Document 538

Filed 11/27/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

INDYMAC BANK, F.S.B. Plaintiff CIVIL ACTION NO. 3:00CV835 (CFD)

V.

MOSTAFA REYAD AND WAFA REYAD Defendants DATE: NOVEMBER 27, 2007

DEFENDANTS' REPLY TO PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANT'S RENEWAL MOTION FOR EXEMPTIONS

This is Defendants' Mostafa Reyad and Wafa Reyad Reply to "Plaintiff's Memorandum in Opposition to Defendants' Renewal Motion for Exemptions" dated November 21, 2007 (Doc # 537). Plaintiff's opposition is contrary to the law, should be disregarded, and Defendants Renewal Motion For Exemptions should be Granted as a matter of law.

1. Plaintiff, p. 1 foot note one, stating that, the Second Circuit's October 16, 2007 Ruling, does not raise any additional issues. The Order cites 52361b(e), the subsection provides stay until Ruling on motion for exemption. Plaintiff blaming the District Clerk for failure to give notice to New England Financial, should be rejected by the Court, pursuant to 52361b(g), the Court should Order Plaintiff to return the funds to New

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Case 3:00-cv-00835-CFD

Document 538

Filed 11/27/2007

Page 2 of 3

England Financial. In any event, because the processor server, who holds the funds was appointed by the Court, he should be Ordered to return the funds in compliance with 52-361b(g). There is nothing in Federal Rules or Connecticut law for the Marshal to hold any funds, pending Court Ruling.
2.

Plaintiff at p. 1, pleads, the disputed assets be turned over to Plaintiff immediately for execution, despite his statement at p. 2 "IndyMac will submit a supplemental brief addressing this issue upon completion of its review of the documents recently provided." Thus, Plaintiff requests a Ruling on his speculation, that, the VALIC plan may operates inconsistent with 26 U.S.C. 457(b). Plaintiff's failure to submit his brief or request an extension of time, is a legal ground to Grant Defendants' motion. The Honorable Court will not wait forever, a plaintiff to file his brief.

Defendants' Renewal Motion For Exemptions should be Granted as a matter of law.

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Case 3:00-cv-00835-CFD

Document 538

Filed 11/27/2007

Page 3 of 3

The Defendant Mostafa Reyad

The Defendant Wafa Reyad

By: Mostafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Day Phone 201-621-3925

By: Wafa Reyad 2077 Center Ave # 22D Fort Lee, NJ 07024 Home Phone 201-585-0562

CERTIFICATE OF SERVICE

The undersigned certifies that he hand delivered on the captioned date or before a true and correct copy to Attorney David Schaefer at 271 Whitney Avenue, New Haven, CT 06511

Mostafa Reyad

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